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New York Legal Information Topics, Discussions and Information relating to Legal Information specific to the State of New York. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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Old 07-11-2013, 08:54 AM
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mandarose mandarose is offline
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Default Order of protection

I'm not sure i'm putting this in the right place, if not... forgive me

anyways.. I just need some advice or whatever about NOT wanting an order of protection against the father of my child... The case is still pending, but the thing is they've tried to give him a "cop out" (his words) in this situation and just let him off easy but stay away which could end up being 5 yrs.......... i'm not looking for advice on anything other than is there anything I can do or who I can speak to about this? when the baby is born I do want to have contact to let him know how the baby is and what not..

all I want to know is there any chance that I can do anything about NOT having an order of protection.. what can be done and who I can talk to, that's all I'm wanting to know....
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Old 07-11-2013, 01:33 PM
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Momma Ann Momma Ann is offline
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not really. The case is by the government against him--not you against him. They have taken the victims in DV cases out of the loop (in prosecution matters) because of repetitive patterns that keep the victims exposed to danger.

You may want to pose this question in PTOs DV forum where you will find many women who have been in your shoes and have more germain information/advice.

Momma Ann

When I was lost--I found PTO. Thank you everyone.

"Pay it forward."
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Old 07-11-2013, 02:57 PM
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and NY is very hard on DV. You would have to go to couseling and he would also have to complete couseling on the inside. There is no quick fix and even after that they can still deny you contact. If he is then on parole, he will not be allowed to live with you and still may have the stipulation of no contact.
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Old 08-16-2013, 01:17 PM
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mandarose mandarose is offline
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Default Modified oop??

Although there is no oop yet, they were trying to give him 6 months and place an oop... Neither one of us wanted one, he refused the deal.. so they've been working hard to figure out what to do, the public defender contacted me and we spoke.. then he said he'd speak to Da's office... I called da's office days later to figure out what was going on, because this is being dragged on for too long.. :/ well the DA agreed to a modified oop.. he goes to court on Monday so he hasn't spoken to no one about this, he is only informed of what is going to be approached because I called myself to see..... but we are trying to figure out exactly this means.. how much contact can we actually have...??

I told him take it, maybe some time down the line it can totally be removed.. but he just wants more info.. I found very little but I was just looking to see if anyone knew more about this.. or ever had a modified oop...

btw this is in NY...
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Old 08-16-2013, 02:48 PM
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An OP can be modified any number of ways. You could have contact only while at couples therapy. You could have only telephonic contact. You could have contact only when you hand off the kids for visitation.

Have you done any domestic violence counseling? Has he? Do either of you have an expert speaking on your behalf? Chances are, if you haven't done at least the minimum, the modification will be minimal.
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